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Jihād As Defense: Just-War Theory in the Quran and Sunnah

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Jihād As Defense: Just-War Theory in the Quran and Sunnah Yaqeen Institute for Islamic Research Insert Full Title of Research Publication Jihād as Defense: Just-war theory in the Quran and Sunnah Justin Parrott 1 | Jihād as Defense: Just-war theory in the Quran and Sunnah maintain international peace Introduction and security.2 International just-war theory The Charter was originally ratified crystalized after the Second World in 1945 by a number of Muslim- War with the signing of the United majority states including Egypt, Nations Charter in 1945 and the Saudi Arabia, Iran, Iraq, Syria, and subsequent Geneva Conventions of Turkey. 3 Other Muslim states 1949. Article 2 of the Charter would follow until a total of 57 states: Muslim-majority member states would come together to form the All Members shall settle UN affiliated Organisation of their international disputes Islamic Cooperation (OIC) by peaceful means in such a (formerly Organization of the manner that international Islamic Conference) in 1969. The peace and security, and OIC member states pledge to justice, are not endangered.1 “commit themselves to the purposes and principles of the This article enshrines a concept of United Nations Charter,” part of jus ad bellum (“justice to war”), or which is adherence to just-war the principle of war as a last resort, theory in international conflicts.4 that all non-violent means of conflict resolution must be The ratification of the Charter was a exhausted before states enter into milestone in the history of war with each other. Nevertheless, humanity as it established rules of the Charter does not negate the war based upon humanitarian values right of states to defend themselves common to nearly all religions and from attack, as stated in Article 51: philosophies. At the time, Muslim- majority states and their populations Nothing in the present did not see any conflict between the Charter shall impair the principles of the Charter and inherent right of individual traditional conceptions of jihād, the or collective self-defense if Islamic equivalent of just-war an armed attack occurs theory. against a Member of the The view of Islam in some parts of United Nations, until the West, however, failed to make this Security Council has taken important connection between measures necessary to traditional Islam and modern 2 | Jihād as Defense: Just-war theory in the Quran and Sunnah values. Building upon centuries of bias, some Orientalist scholars in Just-war in the the West portrayed Islam as an Quran and Sunnah inherently expansionist and aggressive ideological religion that received ﷺ Prophet Muhammad rejects the principles of war as a last his first divine revelations in Mecca resort and religious freedom. This and he peacefully preached the misperception is exacerbated by today’s jihādist extremists who repeat message of Islam to the Meccans the exact same scriptural and legal for thirteen years until an arguments as the Orientalists. The intolerable level of persecution result is that common Muslims forced him and his followers to flee living in Western societies are to the nearby town of Yathrib (later considered foreign and dangerous known as Medina). Despite members of a transnational, emigrating outside of Mecca, the subversive political movement. Meccans headed by the Quraish These negative stereotypes have led aristocracy vowed to exterminate to hate crimes, government- the newly formed religious sanctioned discrimination, and community. Within this context, militarism. the first verses to mention warfare were revealed: On the contrary, the basic source texts of Islam, the Quran and Those who have been Sunnah, express the principles of attacked are permitted to jus ad bellum in a number of ways. take up arms because they Our analysis will demonstrate, God have been wronged—God willing, that these key principles has the power to help had been established by the them—those who have been driven unjustly from himself and have ﷺ Prophet their homes only for saying, continued to be the majority ‘Our Lord is God.’ If God opinion of jurists throughout did not repel some people Islamic history until the present. by means of others, many monasteries, churches, synagogues, and mosques, where God's name is much invoked, would have been destroyed. God is sure to 3 | Jihād as Defense: Just-war theory in the Quran and Sunnah help those who help His as jus in bello (“justice in war”), the cause—God is strong and law of war that protects civilians mighty.5 and non-combatants. According to classical exegete al- Abdullah ibn Abbās (d. 687), the ﷺ Qurṭubī (d. 1273), this was the first cousin of Prophet Muhammad verse to be revealed about war.6 and one of the earliest authorities This verse establishes the inherent in Quranic exegesis, interpreted right of individuals and nations to this verse as prohibiting aggression defend themselves. Moreover, the against all categories of peaceful mention of “monasteries, churches, people: synagogues,” indicates that the right to self-defense is universal and Do not kill women, extends to religions and children, old men, or philosophies besides Islam. The whoever comes to you with purpose of legal warfare is to repel peace and he restrains his aggression and protect human hand [from fighting], for if rights, not to exterminate other you did so you would have religions. certainly transgressed.9 Another verse revealed early in the Umar Abdul Azīz (d. 720), the Medinan phase reinforces this Umayyad Caliph, interpreted the principle: protected classes of people in a manner consistent with what we Fight in God's cause against call “civilians” today: those who fight you, but do not overstep the limits: God [Do not transgress] does not love those who regarding women, children, overstep the limits.7 and whoever is not waging war against you among Some of the early authorities them.10 considered this the first verse to be revealed about war.8 In both verses, The classical exegete al-Bayḍāwī (d. war is limited to defense of the 1286) listed the initiation of community. The phrase “do not hostilities, among other misdeeds, overstep the limits” or “do not as a form of prohibited transgress” (wa lā ta’tadū) transgression: encompasses jus ad bellum as well 4 | Jihād as Defense: Just-war theory in the Quran and Sunnah [Do not transgress] means army as a “shield” and not as a by initiating the fighting, or sword: by fighting those protected by a peace treaty, or by Verily, the leader is only a fighting those who never shield behind whom they received the call to Islam, or fight and he protects them. to commit mutilation or to If he commands the fear of kill whomever it has been God the Exalted and justice, forbidden to kill.11 then he will have a reward. If he commands something in multiple else, then it will be against ,ﷺ The Prophet narrations, stated that among the him.14 worst sinners are those who initiate hostilities: This defensive imagery is a symbolic way of conveying to Muslims the Verily, the most tyrannical of proper role of an organized army in people to God the Exalted is Islam. Jihād is primarily a means of he who kills those who did defense, not conquest. not fight him.12 A key question in just-war theory is the issue of casus belli: what forbade provocations determine if warfare ﷺ Moreover, the Prophet Muslims from desiring to fight the is an appropriate response? enemy: According to classical jurist Ibn Taymiyyah (d. 1328), jihād is a Do not wish to meet the response to military aggression and enemy [in battle], but if you meet them then be patient.13 not merely religious difference. There is no evidence in the source texts of Islam that permit Muslims Unlike other texts that prohibit to attack or kill civilians or invade aggression, this tradition goes non-hostile nations. He asserts that deeper to the level of the heart; a this was the view of the majority of Muslim is not allowed to even Muslim scholars: hope for violent retaliation upon the enemy. As for the oppressor who does not fight, then there ﷺ In this vein, the Prophet are no texts in which God described the leader of the Muslim commands him to be 5 | Jihād as Defense: Just-war theory in the Quran and Sunnah fought. Rather, the some Muslims were granted asylum unbelievers are only fought in Abyssinia. Their generosity did on the condition that they not go unappreciated. As a result, encouraged ﷺ wage war, as is practiced by the Prophet the majority of scholars and Muslims to maintain peaceful as is evident in the Book relations with them and this and Sunnah.15 practice persisted: Indeed, a following verse after Leave the Abyssinians alone 2:190 makes clear that warfare in as long as they leave you Islam is only a reaction to violent alone, and leave the Turks provocation. If the aggressors give alone as long as they leave up their fight, then there is no just you alone.18 cause for war: The classical jurist Ibn Rushd (d. Fight them until there is no 1198), known in the West as more persecution, and Averroës, reported that the inhabitants worship is devoted to God. of Medina never attacked the If they cease hostilities, there Abyssinians or the Turks: can be no [further] hostility, except towards aggressors.16 Mālik was asked about the authenticity of this tradition. According to Ibn Ḥajar al-Haytamī (d. He did not acknowledge it, 1566), scholars such as al- but said: People continue to Zamakhsharī (d. 1144) considered the avoid attacking them.19 obligation of jihād as a means to this end and not an end in itself.
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